santosky
kramer
argued
november
decided
march
new
york
law
state
may
terminate
parental
objection
rights
parents
natural
child
upon
finding
child
permanently
neglected
new
york
family
act
requires
fair
preponderance
evidence
support
finding
neglect
proceedings
brought
family
terminate
petitioners
rights
natural
parents
three
children
rejecting
petitioners
challenge
constitutionality
fair
preponderance
evidence
standard
family
weighed
evidence
standard
found
permanent
neglect
subsequent
dispositional
hearing
family
ruled
best
interests
children
required
permanent
termination
petitioners
custody
appellate
division
new
york
affirmed
new
york
appeals
dismissed
petitioners
appeal
held
process
constitutionally
due
natural
parent
parental
rights
termination
proceeding
pp
fundamental
liberty
interest
natural
parents
care
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management
child
protected
fourteenth
amendment
evaporate
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model
parents
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state
parental
rights
termination
proceeding
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liberty
interest
state
moves
destroy
weakened
familial
bonds
must
provide
parents
fundamentally
fair
procedures
pp
nature
process
due
parental
rights
termination
proceedings
turns
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three
factors
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chosen
procedure
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interest
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use
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process
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balance
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proceedings
since
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affirmed
appeal
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york
decision
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parental
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preponderance
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fairly
allocate
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erroneous
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natural
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trial
numerous
factors
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magnify
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create
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standard
proof
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child
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pp
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two
state
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stake
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rights
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proceedings
parens
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interest
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promoting
child
welfare
fiscal
administrative
interest
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cost
burden
proceedings
pp
state
may
sever
completely
irrevocably
rights
parents
natural
child
due
process
requires
state
support
allegations
least
clear
convincing
evidence
clear
convincing
evidence
standard
adequately
conveys
factfinder
level
subjective
certainty
factual
conclusions
necessary
satisfy
due
process
determination
precise
burden
equal
greater
standard
matter
state
law
properly
left
state
legislatures
state
courts
pp
blackmun
delivered
opinion
brennan
marshall
powell
stevens
joined
rehnquist
filed
dissenting
opinion
burger
white
joined
post
martin
guggenheim
argued
cause
petitioners
briefs
alan
sussman
steven
domenic
scavuzzo
argued
cause
pro
hac
vice
respondents
brief
randall
bixler
wilfrid
marrin
frederick
magovern
filed
brief
respondents
balogh
et
al
briefs
amici
curiae
urging
reversal
filed
marcia
robinson
lowry
steven
shapiro
margaret
hayman
american
civil
liberties
union
children
rights
project
et
al
louise
gruner
gans
catherine
mitchell
norman
siegel
gary
connor
daniel
greenberg
community
action
legal
services
et
al
briefs
amici
curiae
urging
affirmance
filed
robert
abrams
attorney
general
shirley
adelson
siegel
solicitor
general
lawrence
logan
robert
schack
assistant
attorneys
general
state
new
york
dave
frohnmayer
attorney
general
william
gary
solicitor
general
jan
peter
londahl
assistant
attorney
general
state
oregon
justice
blackmun
delivered
opinion
new
york
law
state
may
terminate
parental
objection
rights
parents
natural
child
upon
finding
child
permanently
neglected
soc
serv
law
mckinney
supp
soc
serv
law
new
york
family
act
mckinney
supp
fam
act
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new
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factual
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relationship
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money
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ordinary
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action
today
hold
due
process
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fourteenth
amendment
demands
state
may
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completely
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parents
natural
child
due
process
requires
state
support
allegations
least
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evidence
new
york
authorizes
officials
remove
child
temporarily
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iii
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state
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establish
among
things
year
child
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strengthen
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fam
act
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must
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child
natural
parents
failed
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continuously
repeatedly
maintain
contact
plan
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child
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physically
financially
able
state
support
allegations
fair
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child
may
declared
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declaration
empowers
family
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permanently
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termination
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parents
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communicate
regain
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natural
parents
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york
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neglect
less
proof
require
district
columbia
virgin
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currently
specify
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proof
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proceedings
fair
preponderance
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analogous
federal
statute
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permits
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rights
solely
upon
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beyond
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indian
child
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pub
stat
supp
iv
question
whether
new
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fair
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standard
constitutionally
sufficient
petitioners
john
santosky
ii
annie
santosky
natural
parents
tina
john
iii
november
incidents
reflecting
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respondent
kramer
commissioner
ulster
county
department
social
services
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fam
act
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tina
natural
home
months
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john
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placed
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santosky
gave
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avoid
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october
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ulster
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petitioners
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challenged
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term
lassiter
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lassiter
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illinois
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interests
state
willing
tolerate
undue
uncertainty
determination
dispositive
facts
ante
implicit
statement
conclusion
risk
error
may
reduced
constitutionally
tolerable
levels
raising
standard
proof
procedures
never
eliminate
undue
uncertainty
long
standard
proof
remains
low
aside
begging
question
whether
risks
error
tolerated
state
case
undue
see
infra
conclusion
denies
flexibility
long
recognized
principle
due
process
understates
power
procedural
protections
right
counsel
evidentiary
hearings
rules
evidence
appellate
review
establishes
standard
proof
sine
qua
non
procedural
due
process
abused
child
one
subjected
intentional
physical
injury
causes
creates
substantial
risk
death
serious
protracted
disfigurement
protracted
impairment
physical
emotional
health
protracted
loss
impairment
function
bodily
organ
fca
sexual
offenses
child
also
covered
category
neglected
child
one
whose
physical
mental
emotional
condition
impaired
imminent
danger
becoming
impaired
result
failure
parent
exercise
minimum
degree
care
supplying
child
adequate
food
clothing
shelter
education
fca
relatively
short
time
notice
commencement
hearing
provided
undoubtedly
reflects
state
desire
protect
child
proceedings
designed
permit
prompt
action
child
threatened
imminent
serious
physical
mental
emotional
harm
permanent
custody
also
may
awarded
family
parents
deceased
parents
abandoned
child
least
six
months
prior
termination
proceedings
parents
unable
provide
proper
adequate
care
reason
mental
illness
mental
retardation
ssl
maintaining
contact
child
new
york
law
provides
evidence
insubstantial
infrequent
contacts
parent
child
shall
sufficient
matter
law
preclude
determination
child
permanently
neglected
child
visit
communication
parent
child
character
overtly
demonstrate
lack
affectionate
concerned
parenthood
shall
deemed
substantial
contact
ssl
failure
plan
future
child
means
failure
take
steps
may
necessary
provide
adequate
stable
home
parental
care
child
within
period
time
reasonable
financial
circumstances
available
parent
plan
must
realistic
feasible
good
faith
effort
shall
determinative
determining
whether
parent
planned
future
child
may
consider
failure
parent
utilize
medical
psychiatric
psychological
social
rehabilitative
services
material
resources
made
available
parent
ssl
diligent
efforts
defined
new
york
law
mean
reasonable
attempts
authorized
agency
assist
develop
encourage
meaningful
relationship
parent
child
including
limited
consultation
cooperation
parents
developing
plan
appropriate
services
child
family
making
suitable
arrangements
parents
visit
child
provision
services
assistance
parents
problems
preventing
discharge
child
care
may
resolved
ameliorated
informing
parents
appropriate
intervals
child
progress
development
health
ssl
tina
apel
oldest
petitioners
five
children
removed
custody
order
november
two
years
old
removal
proceedings
commenced
response
complaints
neighbors
reports
local
hospital
tina
suffered
injuries
petitioners
home
including
fractured
left
femur
treated
splint
bruises
upper
arms
forehead
flank
spine
abrasions
upper
leg
following
summer
john
santosky
iii
petitioners
second
oldest
child
also
removed
petitioners
custody
john
less
one
year
old
time
admitted
hospital
suffering
malnutrition
bruises
eye
forehead
cuts
foot
blisters
hand
multiple
pin
pricks
back
exhibit
brief
respondent
kramer
jed
santosky
third
oldest
petitioners
children
removed
parents
custody
three
days
old
result
abusive
treatment
two
older
children
majority
finds
without
reference
facts
case
numerous
factors
new
york
termination
proceedings
combine
magnify
risk
erroneous
factfinding
ante
among
factors
identified
majority
unusual
discretion
family
judge
underweigh
probative
facts
might
favor
parent
often
uneducated
minority
status
parents
consequent
vulnerab
ility
judgments
based
cultural
class
bias
state
ability
assemble
case
dwarfs
parents
ability
mount
defense
including
unlimited
budget
expert
attorneys
full
access
public
records
concerning
family
fact
natural
parents
double
jeopardy
defense
repeated
state
efforts
better
evidence
terminate
parental
rights
even
parents
attained
level
fitness
required
state
ante
short
majority
characterizes
state
wealthy
powerful
bully
bent
taking
children
away
defenseless
parents
see
ante
characterization
finds
support
record
intent
new
york
stated
eminent
clarity
tate
first
obligation
help
family
services
prevent
reunite
child
already
left
home
ssl
iii
emphasis
added
simply
basis
fact
believing
majority
state
mean
says
indeed
facts
case
demonstrate
new
york
gone
extra
mile
seeking
effectuate
declared
purpose
see
supra
importantly
room
jurisprudence
decisions
based
unsupported
inaccurate
assumptions
brief
examination
factors
relied
upon
majority
demonstrates
error
unusual
discretion
family
judge
consider
affectio
concer
displayed
parents
visits
children
ante
nothing
discretion
consider
reality
one
shred
evidence
case
suggesting
determination
family
based
cultural
class
bias
parents
lack
ability
mount
defense
state
provides
full
services
attorney
fca
like
state
full
access
public
records
concerning
family
emphasis
added
absence
double
jeopardy
protection
simply
recognizes
fact
family
problems
often
ongoing
may
future
warrant
action
currently
unnecessary
case
family
dismissed
first
termination
petition
desired
give
petitioners
benefit
doubt
exhibit
brief
respondent
kramer
second
opportunity
raise
acceptable
minimal
level
competency
parents
complete
failure
prompted
second
successful
termination
petition
see
supra
page
worth
noting
significance
standard
proof
new
york
parental
termination
proceedings
differs
significance
standard
forms
litigation
usual
adjudicatory
setting
factfinder
little
prior
exposure
facts
case
knowledge
facts
comes
evidence
adduced
trial
renders
findings
solely
upon
basis
evidence
thus
normally
standard
proof
crucial
factor
final
outcome
case
scale
upon
factfinder
weighs
knowledge
makes
decision
although
standard
serves
function
new
york
parental
termination
proceedings
additional
assurances
accuracy
present
application
adduced
oral
argument
practice
new
york
assign
one
judge
supervise
case
initial
temporary
removal
child
final
termination
parental
rights
therefore
discussed
factfinder
intimately
familiar
case
termination
proceedings
ever
begin
indeed
case
often
closely
involved
protracted
efforts
rehabilitate
parents
even
change
judges
occurs
family
retains
jurisdiction
case
newly
assigned
judge
may
take
judicial
notice
prior
proceedings
given
familiarity
case
necessarily
lengthy
efforts
must
precede
termination
action
new
york
decisions
termination
cases
made
judges
steeped
background
case
peculiarly
able
judge
accuracy
evidence
placed
mean
standard
proof
cases
escape
due
process
scrutiny
additional
assurances
accuracy
attend
application
standard
new
york
termination
proceedings
majority
dismisses
child
interest
accuracy
determinations
made
factfinding
hearing
factfinding
purport
balance
child
interest
normal
family
home
parents
interest
raising
child
instead
pits
state
directly
parents
ante
fter
state
established
parental
unfitness
majority
reasons
may
assume
interests
child
natural
parents
diverge
ante
reasoning
misses
mark
child
interest
outcome
factfinding
hearing
independent
parent
sure
child
parents
share
vital
interest
preventing
erroneous
termination
natural
relationship
ibid
emphasis
added
child
interest
continuation
family
unit
exists
extent
continuation
harmful
error
factfinding
hearing
results
failure
terminate
relationship
rightfully
terminated
may
well
detrimentally
affect
child
see
nn
infra
standard
allocates
risk
error
less
evenly
employed
social
disutility
error
either
direction
roughly
equal
incorrect
finding
fault
produce
consequences
undesirable
consequences
produced
incorrect
finding
fault
disutility
error
one
direction
discernibly
outweighs
disutility
error
direction
choose
means
standard
proof
reduce
likelihood
onerous
outcome
see
winship
harlan
concurring
new
york
adoption
standard
reflects
conclusion
undesirable
consequence
erroneous
finding
parental
unfitness
unwarranted
termination
family
relationship
roughly
equal
undesirable
consequence
erroneous
finding
parental
fitness
risk
permanent
injury
child
either
return
child
abusive
home
child
continued
lack
permanent
home
see
nn
infra
conclusion
well
within
province
state
legislatures
said
new
york
procedures
unconstitutional
simply
majority
members
disagree
new
york
legislature
weighing
interests
parents
child
factfinding
hearing
record
case
illustrates
problems
may
arise
child
returned
abusive
home
eighteen
months
tina
petitioners
oldest
child
first
removed
petitioners
home
returned
home
trial
basis
katherine
weiss
supervisor
child
protective
unit
ulster
county
child
welfare
department
later
testified
family
attempt
return
tina
home
totally
blew
exhibit
brief
respondent
kramer
asked
explain
happened
weiss
testified
instances
record
santosky
abuse
wife
alleged
abuse
children
proven
neglect
children
ibid
tina
removed
home
time
along
john
jed
new
york
legislature
recognized
potential
harm
children
extended
nonpermanent
foster
care
found
many
children
placed
foster
care
experience
unnecessarily
protracted
stays
care
without
adopted
returned
parents
custodians
unnecessary
stays
may
deprive
children
positive
nurturing
family
relationships
deleterious
effects
development
responsible
productive
citizens
ssl
subsequent
studies
proved
finding
correct
one
commentator
recently
wrote
lamentable
conditions
many
foster
care
placements
new
york
system
even
today
noted
fifty
percent
children
foster
care
temporary
status
two
years
thirty
percent
five
years
time
many
children
placed
sequence
foster
homes
denying
consistent
support
nurturing
desperately
need
besharov
state
intervention
protect
children
new
york
definition
child
abuse
child
neglect
rev
footnotes
omitted
case
petitioners
three
children
foster
care
four
years
one
child
since
three
days
old
failure
terminate
petitioners
parental
rights
mean
continuation
unsatisfactory
situation
majority
conclusion
state
interest
child
arises
determination
parental
unfitness
suffers
error
assertion
child
interest
separate
parents
accuracy
factfinding
hearing
see
supra